Thursday, July 12, 2012

First CCBA Bills of 2012 Signed Into Law

The first of hopefully many bills sponsored by the Conference of California Bar Associations (CCBA) were signed into law Tuesday, July 10, by Governor Edmund G. Brown, Jr.  The two measures are AB 1727 by Assemblymember Jim Silva and AB 2106 by Assemblymember Don Wagner.

Assm. Silva
Barry Besser
AB 1727 is based on CCBA Resolution 12-03-2011, which was developed by Barry Besser, Esq., and sponsored by the Orange County Bar Association.  The bill amends Family Code §5240 to specifically permit support obligors to bring ex parte motions or orders to show cause to terminate an assignment order following the death of the supported spouse or child, or under other specified circumstances in which an ex parte application for relief is appropriate. The current statutory language has been held to require noticed motions - which can take weeks or months - to terminate such orders, during which time an employer cannot cease taking funds from an employee's paycheck, even though the supported spouse or child for whom the money is being taken is deceased. AB 1727 cures this unfair anomaly, while maintaining all needed protections for supported spouses or children.

Assm. Wagner
Jay-Allen Eisen
AB 2106 contains two resolutions developed by appellate attorney Jay-Allen Eisen and sponsored by the Sacramento County Bar Association.  The bill will clarify existing law in two ways:  First, it would amend CCP §659 to make clear that, when filing the motion for a new trial before the entry of judgment, the filing must be done after the decision is rendered, thereby removing a major trap for the unwary practitioner (CCBA Resolution 13-08-2009).  Second, the bill would amend CCP §663a to make clear that time limit a court has to rule on a motion to set aside and vacate a judgment is the same as the time limit provided for new trial motions under CCP §660 (CCBA Resolution 07-04-2011).

The two bills are part of 24 bills sponsored or supported by the CCBA as part of the 2012 CCBA Legislative Program. Fourteen of the 22 remaining bills are still under consideration by the Legislature at this time, and at least 10 (and hopefully a couple more) stand a good to excellent chance of being sent to the Governor when the Legislature returns from its Summer recess on August 6 for the last intense month of session activity.

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